Fundamentals in law

1. Freedom of Speech & Expression

2. Why Article of 19 is called Charter of
Liberty?
• Article 19 is called as Charter of Liberty as it
guarantees number of Fundamental Rights.
• It gives following Six rights:
• Freedom of Speech & Expression
• Right to Assemble Peaceably & Without Arms

3. Why Article of 19 is called Charter of
Liberty?
• Right to form associations or unions
• Right to move freely throughout the territory
of India.
• Right to reside and settle in any part of the
territory of India.
• Right to practice any profession, or to carry on
any occupation, trade or business.

4. Why Article of 19 is called Charter of
Liberty?
• Fundamental Rights are Natural and Basic Rights
inherent in the status of Citizens.
• Article 19 Rights can be exercised only by the
citizens.
• These Rights are Rights of only Natural Persons.
• These Rights cannot be claimed by the foreigners.
• Companies & Juristic Persons cannot claim these
rights.

5. Are Article 19 Rights Absolute?
• No Right can be absolute and uncontrolled.
• All Rights can be curtailed and restricted by
the State.
• In United States, restrictions are not
mentioned in the Constitution but Courts
were given right to evolve restrictions.
• Article 19 in clauses (2) to (6) tell us about the
restrictions.

6. Are Article 19 Rights Absolute?
• What kinds of restrictions can be imposed?
• Only Reasonable Restrictions can be imposed.
• Word “Reasonable” was inserted by the First
Constitutional Amendment,1951 before the word
restriction in clause 2 of Article 19.
• Term Reasonable limits the powers of the State in
restricting freedom of speech.
• Reasonableness requires Proportionality.
• Burden of Proof on State
• Courts determine Reasonableness of Restrictions.

7. Which Fundamental Right has been
deleted?
• Article 19(f) had guaranteed right “to acquire,
hold and dispose of property”
• 44th Constitutional Amendment deleted this
Fundamental Right in 1978.
• Insert newspaper clipping of right to property
abolished

8. Does it mean anyone can take away
your property?
• No. No one can interfere with your right to
property.
• Right to Property is no more a Fundamental
Right.
• Article 13: It means no law can be struck down
on the ground that it violates fundamental
right to property.
• Right to Property continues as a Legal Right.

9. Why Freedom of Speech is Important?
• Democracy is Government by Choice.
• People are called upon to make several
choices.
• Choices cannot be made if alternatives are not
made known.
• Freedom of Speech is not a license for
unnecessary talkativeness.
• Only such things are to be said that help
people in making right choices.

10. What Four Values Free Speech Serve?
1. As Assuring individual Self-fulfillment:
Express Himself
2. As a means of Attaining Truth
3. As a method of securing participation by the
members of society in social, political and
economic decision making
4. As maintaining the balance between stability
and change in the Society.

11. How Free Speech Promotes
Democracy?
• John Stuart Mill: If all mankind minus one were
of one opinion, and only one person were of the
contrary opinion, mankind would be no more
justified in silencing that one person, that one
person, than he, if he had power, would be
justified in silencing mankind.
• Every relevant fact and opinion must be
expressed.
• Governments drive their powers from the
consent of governed and governed must exercise
their right to expression of consent.

12. How Free Speech Promotes
Democracy?
• Meikeljohn: When men govern themselves, it is
they- and no one else- who must pass
judgment upon unwisdom and unfairness and
danger. And that means that unwise ideas must
have a hearing as well as wise ones.
• Conflicting views may be expressed, must be
expressed, not because they are valid, but
because they are relevant… To be afraid of
ideas, is to be unfit for self-government.
• But restrictions must be kept in view while
asserting Free Speech Right.

13. What does Free Speech Contain?
• Freedom of speech means the right to express one’s
convictions and opinions by word of mouth, writing,
printing, pictures or any other mode.
• Freedom of speech includes Freedom of Circulation.
• Ramesh Thappar v.State of Madras(1950): Banning entry of
newspaper Crossroads in Madras was held as invalid.
• Indirect Ban of Circulation such as Number of Pages & Size
was held invalid. Sakal Papers v. Union of India(1962)
• Unlike American Constitution, Freedom of Press is not
mentioned in Indian Constitution.
• Editors & Publishers exercise their Free Speech Right

14. • Commercial Advertisement: Yellow Pages
comprising Paid advertisement are protected
by Free speech. Tata Press Ltd Mahanagar
Telephone Nigam(1955)
• Dramatic Performance
• Right to Information: Right to Information
Act,2005
• Right to fly National flag; Flag Burning Not
Included
What does Free Speech Contain?

15. What Restrictions Can be imposed on
Freedom of Speech Contain?
Article 19(2) Reasonable Restrictions “in the
interests of’ or “in relation to” following:
• Sovereignty and integrity of India( Inserted by
16th Amendment in 1963)
• Security of State
• Friendly Relations with Foreign States(Inserted
by the First amendment,1951)
• Public Order (Inserted by the First
amendment,1951)
• Decency or Morality( Sections 292 to 296 IPC)
• Contempt of Court (Articles 129 &
215;Contempt of Courts Act,1971)

16. How Restrictions Can be imposed on
Freedom of Speech ?
Not by executive Order:
But By Duly enacted Law; By Parliament or State
Assemblies
Express Newspapers Ltd. v. Union of India (1986)

17. Disclaimer
The views which have been expressed by the speaker in the lecture
are his personal views.